Famous Beers Inc. v. Campbell

This is a motion to assess damages resulting from the issuance of a restraining order.

Plaintiff commenced an action to restrain defendants from picketing the former’s place of business and a temporary *39restraining order issued. Defendants moved to vacate the order and to dismiss the complaint under rule 106 of the Rules of Civil Practice. The restraining order was vacated, but before final disposition of the motion plaintiff discontinued the action without defendant’s consent by filing notice thereof as provided in rule 301 (subd. 1, par. [a]) of the Rules of Civil Practice. The application to…